DUNBARTON PLANNING BOARD by HC121001055939

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                                 DUNBARTON PLANNING BOARD
                                WEDNESDAY, SEPTEMBER 19, 2007
                                   TOWN OFFICES – 7:00 P.M.

The regular monthly meeting of the Dunbarton Planning Board was held at the above time, date and place
with Chairman Brian Nordle presiding. The following members were present:

         Brian Nordle, Chairman
         Kenneth Swayze, Co-Chairman
         Alison R. Vallieres, Secretary
         James Marcou
         Michael Poirier
         Terry Swain
         Les Hammond, Selectmen’s Representative

         Other Town Officials:

         Mert Mann, Selectman
         John Trottier, Chairman, Dunbarton Zoning Board of Adjustment
         Jon Wiggin, Dunbarton Fire Chief

Public Notice Requirements:

         Brian Nordle, Chairman, verified with the Secretary that the meeting had been posted in three
         public places throughout the Town and published in the Concord Monitor for one day in
         accordance with State RSA’s. The Public Notice was also posted on the Dunbarton Web Page.

Approval of previous meeting minutes: Wednesday, August 15, 2007

         MOTION:

                 James Marcou made a motion that the Dunbarton Planning Board accept the
         minutes as written for the Wednesday, August 15, 2007 meeting. Ken Swayze seconded the
         motion. The motion passed by a majority vote with Michael Poirier abstaining because he
         was not present at the August 15, 2007 meeting.

7:00 P.M. - PUBLIC HEARINGS:

GPS Properties, Inc. (C4-1-6) Proposed Site Plan Review for a 28 unit Multi-Family Development
located on New Hampshire Route 13 @ Powell Lane and Black Brook Road in the Low Density
District in Dunbarton, NH

         Status Report was submitted for the GPS Properties. (attached)

        Brian Nordle, Chairman, stated that the Board had received comments from Don Mayo, Town
Engineer on September 13, 2007, (attached) and a comment letter from Robert Rook regarding the Don
Mayo comments on September 18, 2007. (attached)

         Brian Nordle stated he had spoken with Don Mayo regarding his comments and the problem with
no ditch line in one section of the roadway. Brian Nordle stated that a ditch line is still a good practice.
The maintenance will be up to the owners of the property. Don Mayo also had comments regarding the
proposed detention pond and its close proximity to Route 13.

         1. Road Construction
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         James Marcou asked about the procedure for building a private road. Will this require ongoing
inspections by the Town Engineer?

        The Board noted that the road construction will require ongoing inspections by the Town
Engineer. If and when the road is taken over by the Town, the road will have already been inspected.

        James Marcou stated they (the applicants) will be responsible for its maintenance and if there is a
problem, they will have to correct it before the Town accepts the road.

         Michael Poirier stated he was not sure. Every road is supposed to be built to Town specifications.

         Ken Swayze stated this road is to be built to Town road specifications.

         Michael Poirier asked if we would ever build a Town Road with water running over it?

         2. Condo Documents

         Terry Swain asked if we had gotten the condo documents back from the Town Attorney.

         Brian Nordle stated the Board had received them with several minor comments which will be
addressed by the applicant. Attorney Sullivan stated he had no problem with Laura Spector’s comments
and noted that they should be more prominently noted on the plan rather than in the documents (but he will
do both).

         3. Ditch Line

       There was considerable discussion regarding the ditch line and the entrance. Don Mayo’s
comments were regarding there being no appropriate ditch line, etc. He felt there should be a ditch line.

    4.   Wetlands Conservation District Land

         Terry Swain stated the note regarding the Wetlands Conservation District should also appear on
         the plan.

Abutters:

        Wayne Bracy stated he wanted to know why the minutes of the meetings were not put on the
Dunbarton Web Page. Alison Vallieres, Secretary, stated that they were sent to the Web Master and had no
idea why they did not appear on the Web Page.

         Robert Rook also stated he had called the Town Offices and was told they didn’t have a copy of
them either. Alison Vallieres stated there is always an official copy of the minutes in the Town Office.

        Sue Bracy stated she wasn’t here for the last meeting. Asked about the traffic study and if the
Planning Board had required it.

          Brian Nordle stated that the Board had discussed the traffic study issue and finally decided that the
traffic count did not really justify having a traffic study. DOT would not consider this intersection to be an
especially dangerous one in the whole scope of things.

         Michael Poirier stated the State stated that they did not need a traffic study.

         Wayne Bracy asked about the status of the possible alternative of using Black Brook Road, etc.

        Phyllis Biron stated she noted they will be having a Community Well System. What happens if
my well goes dry because of it, etc. ?
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          Robert Rook stated that part of the Community Well System regulations is the State may require
tests on any surrounding wells in the area to make sure they are not affected, etc.

         Peter Hecker stated at the last meeting the Selectmen were going to go back and look at the deeds
from the Blomquist land regarding the corner on Black Brook Road and Route 13 to determine if the Town
already owned a small portion to do road improvements to make the corner less dangerous. Has anything
been determined yet?

         Les Hammond stated that the Blomquist’s did not deed any property to the Town of Dunbarton.
He also stated he was not sure where the bounds of the property were. There is a pie shaped parcel which
could possibly be Town property. Will need to have a Surveyor research it, etc.

         John Trottier, 300 Stark Highway North, stated that there are drainage issues which have been
brought up by Don Mayo, Town Engineer. The roadway should be built to Town specs, etc. From what I
hear now, it is going to be a Community Well System. It should be on the applicant’s penny to see if they
can improve the (Black Brook Road) intersection. The burden should be on the developer to do the
research not the Town.

           Jeff Crosby, Road Agent, stated he was concerned about the road, and Jim Marcou brought up
the point about the road becoming a town road at a future date. We have a golf course project which is still
out there somewhere with the same issues. Private road versus public road. This is done on the pretense
that it is going to be a private road. They could petition the Town and the Town could end up owning the
roadway. I personally wonder if there is a way we can put a restriction on the roadway. There could be a
meeting where the Town residents can petition for the Town to accept the road, and they are asking for
approval under the pretense that the road is not going to be maintained by the Town.

         Ken Swayze stated the people have the right to ask the governing body to take over things. The
record shows that this was intended to be a private road. It is up to the Town at a meeting to take over a
road. That is a future condition which may or may not ever happen.

          James Marcou stated that it was his feeling that we have been looking at this from the beginning
that it would be turned over to the Town eventually and would probably become an artery for future
development. The Selectmen will go down there and make sure things are correct prior to the Town taking
over the roadway. This whole discussion revolves around the potential of the Town taking over a portion
of this road. Just for the record, that is the way we have been discussing this project.

         Michael Poirier stated we are going to ask you to put in ditch lines especially if there is going to
be a future development.

          Jeff Crosby stated if the Community Water System failed, etc. would it come back to the
jurisdiction of the Town of Dunbarton?

        Terry Swain stated he knew of no Town in New Hampshire who has taken over a Community
Water System.

        Attorney Sullivan stated that the only thing he knew was that a Community Water System was
taken over by Pennechuck. They are regulated by DES.

         Jeff Crosby stated that maybe I am mistaken but years ago when you went over 15 units, you
had to go before the Attorney General’s Office. Is this still the case?

        Attorney Sullivan stated that anything over 15 lots has to go to the Attorney General’s Office for
review. This will have to go to the Attorney General’s Office. The review is primarily for economic
review.
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There being no other public comments, the Public Hearing was closed.

Board Discussion:

James Marcou asked what the Board’s feeling was on the Black Brook Road situation. Does this need to
be put in a decision?

Robert Rook stated that the Town takes the land that GPS gives them and does nothing with it at this time.
If some future developer wants to develop the land, he has to improve the roadway. This developer has
been denied the right to use the road (Powell Lane) other than to put the road where it is. They can
overcome the abutter issues. This developer doesn’t have that option. With regard to improvements on
Black Brook Road, the developer has stated he will provide the engineering on Black Brook Road
intersection and the Town can be responsible for the road improvements, etc. The Town can take land by
Eminent Domain. The Town can move the road 500 or 1,000 feet. You have got to tell him where you
want the road to come out.

James Marcou stated this could be a working relationship between the Town and the developer. Stated
there is the possibility of the developer setting aside a sum of money to do engineering studies for the Black
Brook intersection at a later time when it is determined what land the Town owns.

Attorney Sullivan conferred with his client and agreed to set aside a sum of $2,000 for road
improvement/engineering at the Black Brook intersection.

MOTION:

Brian Nordle made a motion that the Dunbarton Planning Board approve the Site Plan Review as
presented for GPS Properties, LLC (C4-1-6) for a 28 unit Multi-Family Development located on New
Hampshire Route 13 @ Powell Lane and Black Brook Road in the Low Density District in
Dunbarton, NH subject to the following conditions:

         1.   Submittal of a final, technically accurate and graphically correct plan-set in full
              compliance with all current subdivision regulations and incorporating any and all
              additional requirements established during deliberations with the Board (per minutes).

         2.   Approval and receipt of all other required local, State and Federal permits. There shall
              be no change(s) to the base plan(s) without re-consultation with the Board, as a result of
              such other permit approvals, including water source.

         3.   Payment of all fees and costs associated with the Dunbarton Planning Board application
              process.

         4.   That all specified work and improvements at the site, as specified by the Land
              Subdivision Regulations, be completed prior to the signing and filing of the mylar (i.e.
              all roadway improvements, infrastructure, etc.); or a surety bond be posted in favor of
              the Town, in an amount adequate to complete such work as required. Terms and
              conditions to be established at a regularly scheduled meeting of the Dunbarton Planning
              Board if a Bond is to be posted in the future.

         5.   Preparation, submittal and filing of all Deeds, legal instruments, and/or documents
              required or intended to be filed at the Merrimack County Registry of Deeds; in such
              content and form acceptable to the Town.

         6.   Applicant shall provide $2,500 to the Dunbarton Board of Selectmen for the purpose of
              engineering studies of the Black Brook Intersection.

         Ken Swayze seconded the motion. The motion passed unanimously.
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OLD BUSINESS: None

NEW BUSINESS:
RECEIPT AND ACCEPTANCE OF NEW APPLICATIONS BY THE DUNBARTON PLANNING
BOARD; FOR COMPLETION.

Mills Family Trust (G3-03-07) Proposed Two Lot Subdivision on property located on Grapevine
Road in the Medium Density District in Dunbarton, NH

       Brian Nordle, Chairman, stated that the Mills Family Trust Proposed Two Lot Subdivision would
       not be heard this evening because of an incorrect abutters list and other issues. (Status report
       attached)


ENVSN DESIGN, LLC (Donald & Katherine Lane and Leslie Hammond) Proposed Site Plan
Review to construct ten (10) residential condominium units in the Town of Bow with access off
Jacqueline Drive in the Town of Dunbarton.

       At this point in the meeting, Alison Vallieres stepped down from the Board because of a conflict
       of interest because she also works for the Selectmen and one of the Selectmen is one of the
       applicants.

       Leslie Hammond, Selectman, stepped down from the Board because he was one of the applicants
       for the proposal.

       Brian Nordle, Chairman, stated he had looked at the plan and it is limited in scope. The project
       comes under the jurisdiction of the Town of Bow. The Town of Dunbarton Planning Board only
       has jurisdiction over the access which is Jacqueline Drive. There is no problem with the
       application.

       James Marcou asked if there were any Waivers requested.

       It was noted no Waivers were requested at this time.

       MOTION:

       Ken Swayze made a motion that the Dunbarton Planning Board accept the application for
       Site Plan Review for ENVSN DESIGN, LLC (Donald & Katherine Lane and Leslie
       Hammond) to construct ten (10) residential condominium units in the Town of Bow with
       access off Jacqueline Drive in the Town of Dunbarton with limited deliberations this evening
       and comments from the abutters.          The application is to be forwarded to the New
       Hampshire Central Regional Planning Commission for review with all costs to be borne by
       the applicants. Brian Nordle seconded the motion. The motion passed unanimously.

       Maria Dolder, Attorney for the applicants, appeared before the Board and stated she wanted to
       make sure that the item was on the agenda as a Public Hearing with notification being made to the
       abutters.

       The Board stated all certified notices had been sent to abutters and it had been advertised
       according to State Law.

       Maria Dolder stated that the only reason this application was before the Planning Board was
       because the access was through Dunbarton on Jacqueline Drive. She stated the Central New
       Hampshire Regional Planning Commission has already been in touch with the Town of Bow
       relative to this project.
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The Dunbarton Planning Board stated they wanted a separate review from the New Hampshire
Central Regional Planning Commission relative to the project using Jacqueline Drive, etc.
Dunbarton Planning Board needs something directed to them.

Maria Dolder stated this project is located in the Town of Bow. It consists of 10 multi-family
units in the Town of Bow with access off Jacqueline Drive in Dunbarton. Jacqueline Drive is the
access road for this particular lot. We are simply looking to use the Town of Dunbarton road as
access to Bow.

Michael Poirier stated that if Dunbarton does not allow any multi-family units other than Route 13
and 77, why would we allow multi-family units here accessing Jacqueline Drive?

Marie Doldner stated that the Town of Bow allows multi-family units in this location.

James Marcou asked about Police and Fire Protection and responsibility for snowplowing.

Maria Dolder and Don Lane stated that the Bow Police will have full responsibility for the
development. The Dunbarton Fire Department goes through Mutual Aid and responds to Bow as
may be required.

James Marcou stated that it seems like Dunbarton has nothing to gain from this development.

Don Lane stated he has had the blessing of the Dunbarton Police Department, but so far Jon
Wiggin has reserved comment. Have talked with Jeff Crosby, Road Agent, regarding the
maintenance and upgrading the road. Not asking the Town of Dunbarton to service the
development.

James Marcou asked what is in it for the Town of Dunbarton. We are not going to service another
town.

Maria Dolder stated they were not asking to have Dunbarton service this development. The road
was clearly deeded and is meant to serve this lot. It was always shown as providing access to this
lot.

Brian Nordle, Chairman, stated this development would more than double the traffic on Jacqueline
Drive.

Abutters were read as follows and noted all had been notified by certified mail:

Donald/Katherine Lane – Present (applicants)
Les Hammond – Present (applicant)
Crisp, Barrett, Hebert & Uchida – Present. (Marie Doldner representing the applicants)
ENVSN Design – Present (applicants)
Marc/Kimberly Normandin – Not Present
Putney Road Corporaton – Not Present
J. Stanton Hallinan – Present. No comments at this time.
Carol Bailey – Present. Stated it will increase traffic. Concerned about vehicles going up and
down Jacqueline Drive. It will also increase traffic on Dunbarton Center Road and Montelona
Road. Ten units will generate considerable traffic.

Jamie/Rachel Collins – Not Present
Tony/Christine Pelletier – Present. Stated he was wondering about the 290 feet of road frontage.
She claims there is only 3 feet of road that touches the property. Doesn’t the Planning Board have
something to do with what is required?
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Maria Dolder stated they are putting two lots together into one lot. There is 238 feet of road
frontage. When Jacqueline Drive was built, the entirety of the roadway was to be deeded. The
road includes 238 feet of frontage on the applicant’s property.

Brad Ashbury/Donna Fleming – Present. Stated he was the first house on Jacqueline Drive.
There are only four total houses and this is how it was sold to me. Originally it was a private road
and then it became a Town maintained road. It has a long history. The road was accepted by the
Town recently. It seems funny the road was approved and accepted by the Town and then only a
month later we have this development proposed using Jacqueline Drive which is now a town road.
For ten years it wasn’t approved and now all of a sudden things have changed. I am not accusing
anyone of anything but it is really suspicious. There are four houses there now and they are going
to put in ten more units.

Douglas B. Johnson – Not Present
Steven D. Elgert – Not Present
John/Nancy Laboe – Not Present
Robert/Susan Conn – Not Present
Dean/Mary Bacon – Not Present
Thomas B. Perkins – Not Present
Raymond/Mary Barrett – Present. Stated she lives on Hawk Lane and abuts the property to the
west. In Bow, they require a second egress to the property and the development planned on using
Hawk Lane. As a result of a meeting in Bow, it was indicated that the Bow Board cannot presume
the applicants can use Hawk Lane. They would have to reconfigure the project so he doesn’t need
two entrances. They Bow Board has continued the project until October. Presented a letter dated
September 6, 2007 to the Town of Bow Planning Board regarding access off Hawk Lane, etc.
(attached) The residents of Hawk Lane have agreed that access will not be granted off Hawk
Lane.

The second concern I have is from a resident’s point of view. The children that live on Jacqueline
Drive are picked up at the end of Jacqueline Drive. The Bow School Bus will go up Jacqueline
Drive and pick up the students at the top of Jacqueline Drive. Is this fair to the Town of
Dunbarton students?

Town of Bow, Planning Board – Not Present
Town of Bow, Board of Selectmen – Not Present
Town of Dunbarton – Present.

 Mert Mann, Selectman, stated that back in June, the Selectmen met with Town Counsel. We
have no issues with the road. The second egress is coming out of Bow. If the whole project was
in Dunbarton, how many units would be allowed on a one access road in?

Ken Swayze stated that Dunbarton regulations allow for up to 25 dwelling units with only one
entrance road.

Mert Mann stated that Bow wanted a turn around at the bottom of Jacqueline Drive. We were not
in favor of that. Town Counsel reviewed the plans. No, the Town of Dunbarton doesn’t like Bow
using our roads. There was a question from Brad Asbury about property values and a local realtor
and a member of the Board of Assessors was consulted. She did not feel the development would
adversely affect property values, etc.

Other Members of the Public:

Jason Davies – Putting aside the fact that it does not feel right, what good is it for the Town of
Dunbarton. Multiple units will cause the traffic to increase on Jacqueline Drive and Dunbarton
Center Road putting aside the services, etc. Just the amount of traffic is an issue. What upgrades
would be needed to Jacqueline Drive for this development?
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Jody Davies - Stated she lives on 8 Jacqueline Drive. In April 19, 1995, the Dunbarton Planning
Board states that Don Lane wants to build on his lot in part of the original subdivision. There
were five lots on Jacqueline Drive. One that Les Hammond owned. When we bought on
Jacqueline Drive that was a different lot. How do you change a subdivision? The people in Maine
buying into a subdivision are asked for their input. I am not sure New Hampshire has a law like
Maine. How can they combine two lots, etc. ? In Dunbarton, there wasn’t even a question.

Brian Nordle stated the two lots are in Bow. The road access through Dunbarton is what the
Planning Board is looking at. The land issues are in Bow. What they do is in Bow.

Rick Kiah, Hawk Lane. Stated it is close to his property.        If this project were considered in
Dunbarton, what is the limit of units?

Ken Swayze stated that Dunbarton’s limit is 25 dwelling units on a single access and Bow’s limit
is 12.

Rick Kiah stated that being a taxpayer in Dunbarton, what about the increased flow of traffic up
Dunbarton Center Road? Is that something that would be done in this process?

The Board indicated they would be looking at traffic.

Ken Swayze stated the Planning Board will be sending this out to a consultant who may be raising
these issues.

Robert Grondin – Stated that he wasn’t too crazy about supporting Bow using roads in
Dunbarton.

1.   You are going to have to approve it?
2.   What about the Condo Association?      Could the Planning Board attach a yearly “Rational
     Nexus” for wear and tear on Dunbarton roads as part of the approval.

Jeff Crosby, Road Agent, Just a comment from the present Road Agent. The Town still holds a
bond from Michel Belanger for work on Jacqueline Drive. Someday if people see us doing work
on Jacqueline Drive, they should understand that we will be doing it for the Town of Dunbarton
and not Bow. We will be replacing the culvert pipe. Over the years, the water flow has changed
and flows into Putney Pond. If this project does proceed, we should make sure the Town of Bow
looks at their damage issues before it hits Dunbarton to relieve our drainage issues unless they
want to change the culvert. The present culvert is too small. I don’t know what the answer is. If
we could slow the runoff, it would be nice. Even if they only put only one house, it will affect the
runoff.

Jon Wiggin, Dunbarton Fire Chief – Stated he has met with the developer and the Town of
Bow. Don Lane’s response regarding Dunbarton responding to Mutual Aid calls in Bow is not
exactly true. Any response to the Town of Bow by the Fire Department is only for structural
fires. Any other calls will be handled by the Town of Bow. The ambulance service will be
handled entirely by Bow. We have enough of an increase. If they end up using Hawk Lane as an
emergency access, it would have to be brought up to standards. Our end of it is not acceptable for
us to use. That is a private road. That is the defeating issue on that project.

John Trottier, 300 Stark Highway North – Stated that you are saying this project will be
forwarded to the New Hampshire Central Regional Planning Commission for review.

1.   Has the Planning Board considered whether or not this plan has Regional Impact? Has this
     been addressed?
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     2.   Stated he had a copy of a letter from New Hampshire Central Regional Planning Commission
          dated April 12, 2007 to the Bow Planning Board which makes references to drainage issues.
          How are they going to handle that?

     3.   This Board should take a look at the sight distance on Robert Rogers Road and Jacqueline
          Drive.

     4.   What is your plan for using Hawk Lane? There is considerable storm drainage coming out of
          there. It is a very limited access.

     Maria Dolder, Attorney, stated that they submitted drainage reports to the Town of Bow. We are
     more than happy to provide them to Dunbarton. We are trying to limit the discussion because of
     issues outside the jurisdiction of Dunbarton. We didn’t want to “bog” this Board down with
     materials, etc.

     Maria Dolder stated Hawk Lane is a private issue and not in the Board’s jurisdiction. Bow would
     like us to resolve it. It is our position that we do have the right to use it. The intent is to only
     serve as a second egress with an emergency gate only. (Similar to the golf course project) The
     likelihood of using it is very slim. It would have to be upgraded to some standard. This has to be
     resolved with the Town of Bow.

     Brian Nordle, Chairman, stated we do want to see anything you have on drainage and explain the
     private issues.

     Jody Davies – Are you able to put any restrictions on this project being that it is in Bow? Is it
     only the road use you are concerned with? According to the Building Department, there is another
     project within Dunbarton which accesses through Bow. Bow is putting limitations on this piece of
     property as to the number of houses that can be built with the Bow access. Why can’t Dunbarton
     do the same thing as Bow? What is the difference?

     There being no further public input, the Public Hearing was closed.

     Board Discussion:

     James Marcou stated that with regard to Hawk Lane, without a second means of access, Bow
     cannot approve this. With ten units you need to have a second access. They are stating that they
     have the right to use the road then why are they here before us?

     It was noted that there is a recent statute regarding “Land Affected by Municipal Boundaries”
     which applies to this situation. (RSA 674:53) They are required to make application to the
     Dunbarton Planning Board. The Planning Board has some control.

     Michael Poirer stated that multi-family in Dunbarton would not be allowed on Jacqueline Drive.
     Why do we have to allow it accessing Jacqueline Drive if it is in Bow?

     MOTION:

     Ken Swayze made a motion that the Dunbarton Planning Board continue the Public Hearing
     for ENVSN DESIGN, LLC (Donald & Katherine Lane and Leslie Hammond) proposed Site
     Plan Review to construct ten (10) residential condominium units in the Town of Bow with
     access of Jacqueline Drive in the Town of Dunbarton until the next regularly scheduled
     Dunbarton Planning Board Meeting. The motion was seconded and passed unanimously.

OTHER BUSINESS:

     Board Discussion of Revised Site Plan Review Regulations:
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        Brian Nordle, Chairman, reported that he and Ken Swayze had met with Central New
Hampshire Regional Planning Commission regarding the revised Site Plan Review Regulations
and given the Board’s input. Stephanie Alexander will be rewriting the regulations and they will
probably be ready for the regular October meeting of the Dunbarton Planning Board (October 17,
2007).

Workshop Meeting, October 3, 2007:

After discussion, it was decided to continue to have the Workshop Meetings on the first
Wednesday of each month at 6:30 p.m. in order to use the time to review plans. Presently, there is
the Mills Family Trust Plan which will need to be reviewed. The other item on the agenda is the
ENVSN DESIGN, LLC development in Bow using Jacqueline Drive as access.

There being no further business, the meeting adjourned at 9:15 p.m.


                                                              Respectfully submitted,


                                                              Alison R. Vallieres
                                                              Secretary

								
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